Reported / Citable
Background
Jose Calero-Cerrito was charged in the Western District of Texas with illegal reentry into the United States in violation of 8 U.S.C. § 1326. Under a general referral order, the matter went before a U.S. magistrate judge to take Calero-Cerrito’s felony guilty plea.
At the June 30, 2026 hearing, Calero-Cerrito appeared with counsel and consented to having the magistrate judge take his plea. After receiving the admonishments required by Federal Rule of Criminal Procedure 11, he pleaded guilty to Count One without a plea agreement. Sentencing remained for the presiding district judge.
The Court’s Holding
The magistrate judge found that Calero-Cerrito understood the charge, potential penalties, and rights he was waiving; was competent to plead guilty; and entered the plea freely and voluntarily. The magistrate judge also found a sufficient factual basis for the plea and found Calero-Cerrito guilty of the charge to which he pleaded.
Based on those findings, the magistrate judge recommended that the district judge accept the guilty plea and enter a judgment of guilt. The recommendation was not itself a final district-court judgment, and the parties were advised that they had 14 days after receiving it to file written objections.
Key Takeaways
- Calero-Cerrito pleaded guilty to illegal reentry under 8 U.S.C. § 1326 without a plea agreement.
- The magistrate judge found the plea knowing, voluntary, competent, and supported by a sufficient factual basis.
- The magistrate judge recommended acceptance of the plea, while leaving entry of judgment and sentencing to the district judge.
Why It Matters
The findings document the Rule 11 safeguards required before a federal felony guilty plea may be accepted. They also illustrate the limited role of a magistrate judge in this proceeding: taking the plea by consent and recommending its acceptance, while the district judge retains responsibility for final action and sentencing.